By Maribel Fernandez
Nearly a century has passed since the enactment of the Fair Labor Standards Act (FLSA) in 1938. This federal law established crucial labor standards aimed at safeguarding workers across the United States. Among its key provisions are the federal minimum wage, child labor protections, and laws against wage discrimination. The law also legally enshrined the 40-hour workweek, by mandating that most employers pay employees at 1.5 times their normal pay rate for any overtime worked beyond 40 hours.
But in the 86 years since the law was passed, the nature of work and our economy has changed. Mounting evidence shows the FLSA’s standardized 40-hour work week is outdated, too long, and counterproductive. Congress should amend the FLSA to mandate overtime after 32 hours. This would be a significant change, but early results show that it would be good for both workers and employers.
First, the regulations don’t fit the needs of America’s modern workforce. An exempt employee, as defined by the FLSA, refers to a worker exempted from specific provisions of the act, particularly those concerning wage and overtime pay. Typically, exempt employees are salaried workers and are therefore not entitled to overtime pay. However, the nature of work performed by exempt employees often defies standard timeframes, as acknowledged by the FLSA itself. Many exempt employees, myself included, are required by employers to work 40 hour weeks, even though that arbitrary requirement is not aligned with workers’ or companies’ needs. Altering the FLSA to prohibit assignment of arbitrary work hours would improve working conditions for exempt employees and help avoid health issues associated with workplace stress.
Reducing the length of the workweek would have health benefits for all workers, not just exempt employees. The stress and subsequent health problems caused by long work hours lead to increased absenteeism and chronic illness.
Studies indicate that 92 percent of US workers say more personal time and autonomy would reduce stress and mental health issues. To cope with burnout, studies show “cyberloafing” has become prominent among employees. The hours being mandated today have become pointless and harmful.
In February 2022, Belgium beat the US to become the first country to pass a law to change to a 4-day workweek. The change was meant to “give workers more freedom to manage their time and work schedules.” A study across 63 countries confirmed workers value autonomy over monetary compensation. A change to the FLSA would meaningfully improve lives in the US.
Early results show that a shorter workweek can benefit employers and companies, too. In Sweden, a hospital switched surgical unit workers to a six-hour workday after noticing employee burnout. The result was a 20 percent increase in operations, new business was generated and wait times were cut from months to weeks, leading to a reduction of sick leave for other workers in the economy. In the UK, researchers followed 61 companies as they switched to a 32-hour workweek, and found that revenue at those companies increased slightly and employee turnover plummeted. Eighteen of the participating companies said they would make the change permanent. Relatedly, some companies in the US report substantial gains in productivity from unlimited vacation day benefits.
Supporters of keeping the FLSA hours unchanged argue that a change would be a major disruption to businesses. Others are concerned about the decrease in pay for hourly workers. These are valid concerns, and lawmakers should ensure a transition period during which hourly workers get their rate increased to reflect their 40-hour pay. Interest groups for organizations that prefer to control more of their employees’ time would protest this change. However, political backing of this amendment may help change the attitudes of US citizens who feel left out by the government.
Recent attempts to reduce the 40-hour workweek in the US have not succeeded, with previous bills failing to pass at both the federal and state levels. Policymakers should not shy away from continuing to put forward similar bills, however. Altering the FLSA would lead to a significant change to the organization of American society—but a good one.
Over the past 86 years, societal shifts and technological advancements have transformed the landscape of work. Women work as much as men while still caring for their children. The cost of living has skyrocketed, making it so that millions of Americans are living paycheck to paycheck. As evidenced by the overwhelming sentiment among Americans, it is time to modernize the FLSA to better align with contemporary realities. If you are employed and can relate to what 92 percent of Americans are saying, let your local representative know. Work doesn’t work right now, and a change is needed.
Maribel Fernandez is a second-year student at the NYU Robert F. Wagner Graduate School of Public Service. Maribel is the Director of Mental Health Parity and Network Adequacy for the State of Maryland, and a married mother of three.
